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FUR SEALS COHVBHTION. 

Report frgm the Connaittse on Foreign 
Affairs. 1912. 




Qass v' t^^^ ' 



Book. 



62d Congress, 
M 8esm)n. r . , 1 No. 295. 



THE FUR SEALS CONVENTION. 



Febuuaky 3, 1912. — Goinmitted to the Committee of the Whole House on the state 
of the Union and ordered to be printed. 



U' 5, 
Mr. SuLZER, from the Committee on Foreign Affairs, submitted the 

following 

KEPORT. 

[To accompany H. R. 16571.] 

The Committee on Foreign Affairs, to whom was referred the bill 
(H. R. 16571) to give effect to the convention between the Govern- 
ments of the United States, Great Britain, Japan, and Russia for the 
preservation and protection of the fur seals and sea otter which fre- 
quent the waters of the north Pacific Ocean, concluded at Washington, 
July 7, 1911, having had the same under consideration, recommends 
the adoption of the following amendments, to wit : 

On page 3, line 20, after the word "seals," insert the words "or 
sea otters." 

On page 5, line 12, after the word "skins," insert the words, "or 
sea otter skins," and after the words "seals," on line 12, same page, 
insert the words, "or sea otters." 

On page 5, line 13, after the word "seals," insert the words "and 
sea otters," so that section 7 of said bill shall read as follows: 

Sec. 7. That if any vessel shall be found within the waters to which this act applies, 
having on board fur-seal skins, or sea otter skins, or bodies of seals or sea otters, or 
apparatus or implements for killing or taking seals or sea otters, it shall be presumed 
that such vessel was used or emploj^ed in the killing of said seals and sea otters, or 
that said ap])aratus or implements were used in violation of this act until the con- 
trary is proved to the satisfaction of the court, in so far as such vessel, apparatus, 
and implements are subject to the jurisdiction of the United States. 

On page S, line 11, strike out all after the word "authority," down 
to and including the word "same," on line 16, same page, that is to 
say, the following words: 

to determine the number of fur seals to be taken annually on the Pribilof Islands, 
or any other islands or shores of the waters m.entioned in the first article of said con- 
vention and subject to the jurisdiction of the United States to which any seal herds 
hereafter resort: to direct the taking of the same. 



O THE FUK SKALS CON VENTION. C^N ^ v 0< «v 

S(» that section 1 I (»l" tlio bill shall read as follows: v^O^^ 

Sfc. U. That the .Secretary of Commerce and Lal)or. or his authorized agenti", 
shall have authority to receive on behalf of the United States any fur-seal skins taken 
af< provided in the thirteenth and fourteenth articles of said convention and tendered 
for delivery by the (lovernmenls of Japan and Great Britain in accordance with the 
terms of said Articles; and all skins which are or shall become the property of the 
Ignited Slates from any source whatsoever shall be sold by the Secretary of Tommerce 
and Labor in such maj-ket, at such times, and in such manner as he may deem most 
advanta^'cous; and the jjroceeds of such sale or sales shall be ])aid into the Treasury 
of the Inited Slates. And the Secretary of Commerce and Labor shall likewise have 
authority to deliver to the authorized agents of the Canadian Government and the 
Jai)anese Government the skins to which they are entitled under the provisions of 
the tenth article of said convention; to pay to Great Biitain and Japan such sums 
as they are entitled to receive, respectively, under the provisions of the eleventh 
article of said convention; to retain such skins as (he I'nited States may be entitled 
to retain under the j)rovisions of the eleventh article of said convention; and to do 
or perform, (jr cause to be done or performed, any and every act which the LTnited 
States is authorized or obliged to do or perform by the provisions of the tenth, eleventh, 
thirteenth, and fourteenth articles or said convention; and to enable the Secretary 
of Commerce and Labor to carry out the provisions of the said eleventh article there 
is hereby approjiriated, out of any money in the Treasiu-y not otherwise appro[)riated, 
the sum of four hundred thousand dollars. 

And as amended the cointnittee recommends that the bill be passed. 

The object of this bill is to give efTect to the convention between 
the (lovernments of the United States, Great Britain, Japan, and 
Russia for tiie preservation and protection of the fur seals and sea 
otter whicli frequent the waters of tlie north Pacific Ocean, concluded 
at Washington Jidy 7, 1911. 

The negotiation and conclusion of this convention, for the preser- 
vation and protection of the fur seals and sea otters wliich frequent 
the waters (^f tlie north Pacific Ocean, was a signal trium})U of Ameri- 
can dij)lomacy, and wiien the convention is carried into e.Tect by the 
liigh contracting parties, ])elagic sealing, wliicJi is and has been the 
sc(un-ge of the fur-seal herd, will be a thing of the past, and those 
best able to judge confidently declare the fur seals will Vapidly increase 
and tlie herd grow rapidly. 

The attention of Congress is especially called to the necessity for 
legislation on the ])art of the United States for the purpose of ful- 
filling the obligations assumed under this convention, to which the 
Senate gave its advice and consent on the 24th day of July last. 

The fur-seal controversy, which for nearly 25 years has been the 
source ()f serious friction between the United States and the powers 
b )rdering upon the nortli Pacific Ocean, whose subjects have been 
permitted to engage in j)elagic sealing against the fur-seal herds hav-' 
ing their breeding grounds within the jurisdiction of the United States, 
has at last been satisfactorily adjusted by the conclusion of the north 
Pacific sealing convention entered into between the United States, 
Great Britain, Ja[)an, and Russia on the 7th of Julv last. This con- 
vention is a conservation measure of very great importance, and if it 
is carried out in the sjiirit of reciprocal concession and advantage upon 
which it is based, there is every reason to believe that not only will it 
result m i)reserving the fur-seal herds of the north Pacific Ocean and 
restoring them to their former value for the i)urposes of commerce, but 
also that It will afford a i)ermanentlv satisfactorv settlement of a 
(juestion the oidy other solution of which seemed to be the total 
destruction of the fur seals. In another aspect, also, this convention 
IS of importance in that it furnishes an illustration of the feasibility of 



J^^' 



THE FUR SEALS CONVENTION. 



"j securing a general international game law for the protection of other 

^' mammals of the seA, the preservation of which is of importance to all 

; the nations of the world. 

After the discovery of Alaska, in 1741, the Russians devoted their 

^ efforts exclusively to the hunting of the valuable sea otter and paid 
little attention to the collection of other furs. By 1775, however, 
the supply of sea otters had become so depleted that efforts were 
directed toward securing those less valuable furs which theretofore 
had not attracted the cui)i(hty of the hunters. Among these were 
the skins of the fur seal. 

The existence of the fur seal was known to the early Russians only 
through the capture of an occasional animal in the water. The land 
habitat of the animal was not known. 

Inquiries by the Russians of the native Aleuts disclosed the fact 
that a profuse migration of these fur seals occurred each spring north- 
ward through those passes between the islands forming the Aleutian 
Archipelago, and that an equally profuse migration southward 
occurred each fall. From this it was concluded that these fur seals 
each spring returned to breed at a place to the northward of the 
Aleutian Islands and that they left this breeding ground each fall to 
spend their winters in the less rigorous climate of the Pacific Ocean. 
As the location of this breeding ground was unknown to the abo- 
rigines, the Russians bent their energies to discovering the place to 
which the fur seal migrated and where thev believed it could be 
found in countless numbers. 

Vessels to search for this unknown breeding grountl were fitted out 
and various attempts made toward its location. In 1786 the 
St. George, a small sailing vessel, sailed from Unalaska, in command 
of Gerrasim Pribilof, a navigator in the employ of the Lebedof Co., 
set out into Bering Sea to search for the haunts of the fur seal. It 
cruised for three weelvs in the supposed vicinity of the seal islands 
without discovering them, but, withal, finding unmistakable evi- 
dences of the close proximity of land. At last, in the first days of 
June, 1786, the mantle of fog that surrounds this locahty was lifted, 
and before Pribilof loomed the high coast of the eastern end of the 
most southern island of the group. The discovery was named St. 
George, after Pribilof's vessel. Finding no safe anchorage there the 
explorer ordered all his hunters ashore -wdth a supply of provisions, 
while he stood away again for the Aleutian Islands to spread such 
I'eports as to keep others from following. 

The news, however, of Pribilof's discovery of the breeding place 
of the fur seal was s])read amongst the various companies operating 
in Alaska, and in 1787, when Pribilof returned to the islantis, his ship 
was followed by others, and the location of the islands became a 
matter of general information. Various rival companies made settle- 
ments at several places on both the islands of St. Paul and St. George, 
and as these islands were found to be not inhabited b}' man they 
imported native Aleut hunters to perform the work of taking skins. 

In 1799, b}' imperial grant, the Russian American Co. was given 
the exclusive rigjU to exploit tlie resources of Alaska in consideration 
•of its bearing all the expenses of administration and of protection of 
the territory. This company at once expelled all the small traders 
from the seal i.slands and retained control of them until the ces.sion 
of Alaska in 1867. 



rriK I'l'lf SKALS CONVKNTION. 



HISTORY OF JIIK SKAI. HKHD. 



WJuMi Piihilof discovered tlie islands wliicli bear Ins name, aiu- 
pliihiaii life was found thereon in limitless quantity. Tlie shores of 
St. (leor«re literally swarmed with sea otters which, undisturbed so 
far hy man. could he killed as easily as sheep. Large number, of 
walrus inhal)ite<l the low i)eaches. The first hunters to land could 
not secure a footliold on the heaches because of the teeming animal 
life and were forced to scale the clilTs in order to reacli the high 
ground beyond. As tlie summer j)rogressed the fur seals made tlieir 
appearance by millions. In the first year of discoveiy, by the few 
Imnters left by Pril)ilof. over L',00() sea otters were taken as well as 
40,000 sealskins aiul nearly 15,000 pounds of walrus ivory. 

With the return of Pribilof to the islands in 1787 and the arrival 
of the other vessels which followed in his wake, the killing of seals 
on land became the chief industry. From 1787 to 1799 as niany as 
six rival com])anies established stations upon these two small islands, 
imported native workmen from Unalaska and elsewhere, and vied 
with each ot-her in securing all the skills they could encourage the 
natives to deliver to them. In the killing no attention was ])aid to 
age or sex, but eveiything in the way of animal life having a market- 
able skin Avas killeJl. These islands were not then a Government 
reservation, and no restriction or regulation whatever was placed 
upon the killing of any animal found thereon. What number of 
skins was taken by these rival companies prior to 1800 will never be 
known, but it is sup])Osed to be in the neighborhood of several mil- 
lions. When in 1799 they w^ere either expelled or consolidated into 
the Russian American Co., killing of seals continued in the same ruth- 
less manner. Between 1801 and 1804 the com})any had accumulated 
in warehouses about 800,000 sealskins, over 700,000 of w'hich s])oiled 
from lack of care in ciu-ing and had to be destiwed. In 1805 such 
unmis-takable evidences of scarcity of seal life were found by a visit- 
ing court ollicial that he took it upon himself to stop the slaughter 
entirely and to send nearly all the natiA'e hunters away from the 
islands. 

Killing of seals began again in 1808 in a more moderate degree. 
Attempts were made to sec^ure an increase in this life by the ])ro- 
vision of seasons in which no killing was done and by a limitation 
upon the catch. These measures, however, were ineffective, and in 
1835 the Pribilof herd reached the condition of numbering not more 
than 250,000. The situation in that year became so alarming that 
all kilUng was prohibited except 6,480 nursing pups for natives' 
food and 100 bachelors, or young males. Also the vital principle 
that females shoidd be exempt from slaughter and never tlisturbed 
on land was recognized in 1835 for the first time and thereafter en- 
forced, at first ])artially an<l finally rigorously. With these restric- 
tive measures in operation the herd gradually increased, contem- 
jjoraneously with a gradually increasing killing of surplus young 
males for skins, until in 1867, the year of the cession, the Russians 
took 75,000 skins and the seal herd'again numbered millions. 



THE FUR SEALS CONVENTION. 



AMERICAN OCCUPATION. 



Upon the cession of Alaska to the United States, the Congress in 
1869 declared the Pribilof Islands to be a special Government reserva- 
tion. In 1870 an act was passed declaring that no unauthorized 
person should kill seals on these islands, but that the privilege of 
killing such animals be leased in 20-year periods to the highest 
bidder. Under this act, in 1870, a 20-year lease was granted to the 
Alaska Commercial Co. In 1890, upon the expiration of the first, 
another lease was granted to the North American Commercial Co. 
At the expiration of the lease of the latter company, in 1910, Congress 
passed a further act abolishing the leasing system and authorizing 
the Secretary of Commerce and Labor, in his discretion, to kill seals 
of certain classes and to market the skins of such seals. Under this 
act, in 1910 and 1911, the Secretary of Commerce and Labor, through 
his agents and officers, took such skins on the Pribilof Islands as the 
herd would afford and sold the same in London at auction. 

During the period of American occupation the taking of seals pro- 
gressed under careful Government supervision, and not more than 
100,000 skins were allowed by law to be taken in any one year. Fur- 
tlxerraore, females were exempted from slaughter at all times; neither 
could any seal be killed for its skin that was less than 1 year of age. 
These provisions were enforced by agents of the Government, under 
whose supervision the skins were taken. 

From 1870 to 1889, both inclusive, the annual take of skins on these 
islands was 100,000, except that for two years of this period the catch 
was arbitrarily restricted by tli.e lessee to a smaller number because 
of an oversupply of these skins on the market. Notwithstanding this 
careful regulation of killing, however, the annual catch declined, 
from 1890, when 20,995 skins were taken, until 1911, when the catch 
comprised only 12,006 skins. 

PELAGIC SEALING. 

During the American occupation, however, a practice grew up 
which previously had been unknown. This practice was called pelagic 
sealing, or the killing of seals in the water, as opposed to the land killing 
on the islands. This began as a business in 1881 or 1882, with an 
annual catch of about 10,000 skins, and reached its apex in 1894, when 
over 61,000 skins were taken from the Alaskan herd. Thereafter the 
annual pelagic catch declined because of scarcity of seals. In 1911 it 
was about 12,700. 

The seals killed by the pelagic sealers are taken by means of spears 
or shotguns. In the water no differentiation can be made with respect 
to age oi sex, whereas the land killing, which can be carefully con- 
trolled, is composed only of immature and surplus males, of which, 
owing to the polygamous habits of the seal, at least twenty-nine 
thirtieths are not required as breeders. The sldns taken in the sea 
have been demonstrated to be composed of from 50 to 85 per cent of 
females. The death of the female entails the loss not only of herself 
but of her unborn fetus and of her nursing pup on the rookeries, which 
dies of starvation. The deatli of every pregnant female, therefore, 
entails the loss of thi*ee lives. 



fj THK Flit SKALS LON VKNJ lON . 

MKASIKES TO ABOLISH PELAGIC SEAM.N<' 

Thi' early ju'la^ic scaU'is were oxclusively Americans and ( auadians. 
Soon hccoinni",' aware of the destructiveiu'ss of the practice to seal 
life, this (ioveriunent look active measures to protect that seal hfe 
whicli, hree(lin<; on American territory, was asserted to be the prop- 
erty of this Ciovernment wherever found. Assuming; that Russia had 
a ri*;ht of property hy discovery in all the eastern |)ortion of Bermg 
Sea and that those rif^hts were transferred to this Government by the 
treaty of cession, the war vessels of the I'nited States seized all 
schooners in Bering; Sea eni^aj^ed in pela}j;ic sealinj^ they could apnre- 
hond, whether American or ('anadian, and confiscated them with their 
cargo, apparel, and furniture. This seizing of Canadian schooner& 
led to the convention of the tribunal of arbitration in Paris, in 1891. 

The award of this tribunal, rendered in 1893, disa,llowed all claim of 
this Government to exclusive jurisdiction in Bering Sea, and held 
that the .seizure of vessels under tiiis claim of jurisdiction was unwar- 
ranted. The tribunal, however, promulgated regulations, which, 
^vithout forbidding the jMuctice of pelagic sealing, were designed to 
afl'ord j)rotection to the fur seals during the breeding season. They 
required that all sealing in Pacific waters north of 35° of north lati- 
tude and east of the one hundred and eightieth meridian of east longi- 
tude should cease on April 30 of each 3'ear; that when it was again 
resumed on August 1 it should be carried on in Bering Sea only with 
spears and outside of a zone of 60 miles radius about the Pribilof 
Islands. 

Aftei" the j)romulgation of this awaid pelagic sealing was begun 
again by both Americans and Canadians. It requirsd but a few 
months to demonstrate that the Paris award regulations were ineffec- 
tive in ])roviding that protection to the seal herd necessaiy to preserve 
it from gradual extinction. The employment of expert spearsmen 
in the Bering iSea made the spear even a more deadly weapcm than 
the shotgun, while the 60-mile zone about the islands afforded little 
or no protection, as the seals w^hile feeding traveled usually three 
times that distance from the islands. 

This Government at once strove to reopen the question with Great 
Britain with a view to obtaining greater protection for the seals, and 
as an earnest of iier good faith, in 1897, passed an act forbidding 
|)elagic sealing on the part of her own citizens. These efforts, how- 
ever, were without results until the ratification of the present treaty. 

Strangely enough, while the pelagic fleet of Canada became smaller, 
that of rfa])an increased. These latter vessels, not being bound by the 
Paris award, could take seals whenever and wherever thej- j)leased 
outside of territorial waters. In 1911, no Canadian schooiiers were 
known to have operated, while the Japanese fleet numbered at least 
30, and took aj)proximately 12,700 skins, as opposed to a land catcli 
on the Pribilof Islands of 'l2,006. 



THE FUR SEALS CONVENTION. 7 

A eoinparative statement of tlie land and pelagic catches from the 
Pribilof herd from 1870 to the present year follows: 

(Land catches extracted from official reports iu the Department of Commerce and Labor: pelagic catches 
from report of Paris Tribunal of Arbitration and also from reports of sales of sealskins in London.) 



Year. 


Land catch 
from Pribi- 
lof Islands 
herd. 


Pelagic 
catch from 
Pribilof 
Islands 
herd. 


Year. 


Land catch 
from Pribi- 
lof Islands 
herd. 


Pelagic 
catch from 
Pribilof 
Islands 
herd. 


1.S70 


6,017 
95.211 
99.941 
99. 485 
99,424 
99. 687 
90,000 
75, 199 
100.000 
100,000 
100,000 
99,905 
100,000 
75,000 
100,000- 
99.995 
100.000 
1()0.0<10 
100,000 
100,000 
30.995 
13,482 


8.686 
16,911 

5.3.36 

5. 229 

5.873 

5,0.33 

5.515 

5.210 

5.544 

8,557 

8,718 

10, .382 

15,551 

16, 557 

Ki.971 

23.040 

28. 494 

30, 628 

26. 189 

29.858 

10.814 

59.568 


1892 


7,549 
7,425 
16.031 
15,000 
30,000 
20.766 
18,032 
16,812 
22, 470 
22. 672 
22.386 
19,292 
13, 128 
14,368 
14,476 
14.964 
15,001 
14,995 
13.584 
12,006 


46,642 


1871 


1893. 


3Q. 812 


1872 


1.894 

1895 


61 , 838 


1873 


,56, 291 


1874 


1896 


43,917 


1875 


1897 


24. .321 


1876 


1898 


28, 552 


1877 


1899 


34,168 


1878 


1900 .. 


35, 191 


1879 


1901 


24, 050 


1880 


1902 


22.812 


1881 


1903 


27,000 


1882 


1904 

1905 


■^9 006 


1883 


25.320 


1884 


1906 


21.2.36 


1885 


1907 


t<;,036 


1886 


1908 . . 


IS, 1.51 


1887 .*. . 


1909 


1 14.142 


1888 ■. 


1910 


1 12 000 


1889 


1911 


' 12.700 


1890 


Total 




1891 


2.205.298 


9('''',S49 









1 Estimated. 



CAUSE OF DECREASE OF SEAL LIFE. 

It will be noted that a decrease in seal life occurred during the 
Kussian as well as the American occupation. It will be instructive 
to examine briefly the causes which led thereto. 

It has already been mentioned that the Russians, in their land 
killing from 1786 to 18-35. killed both sexes indiscriminately, male 
and female, young and old alike. During these years it is not pos- 
sible to ascertain the wliole number of seals killed, but it is stated 
tliat between the years 1801-1805 over a million were taken. The 
killing previous to that probably was as rigorous. The meager Rus- 
sian records show that several millions of sealskins were taken on 
these islands ])rior to 1805, and that they were taken from males and 
females indiscriminately. The practice of killing females for skins 
on land without restriction obtained until 18.35, and was never com- 
pletely abolished, it is believed, until 1847. 

During the American occu])ation it also is proven tiiat while the 
land kilhng carefully exempts females from slaughter, the sea or 
])elagic killing was antl is composed in great part of the skins of 
females, all of which were pregnant and many of which had a nursing 
pup on shore that died of starvation upon its mother's death. 

Furthermore, not by any means all the seals killed at sea are recov- 
ered, as many upon being shot sink and are lost before the hunters 
can reach them. The statistics obtainetl by this Government from 
an expert examination of thousands of skins taken in the sea demon- 
strate that of those taken in the North Pacific Ocean from 50 to 60 
])er cent are ])regnant females, while of those killed in Bering Sea 



8 THK ITU SKAl.S CONVENTION. 

from 7') to S') per criit arc itrc^MDml rcnuiU's, oirli of wliicli also was 
mu'sinji: a j)U|t. , 

It is A rec(-giiiz(>d fact tlmt lUiv ^ivoii class of polygamous aninials 
will (locroasf rapidly if a systojii of slaiifjlitci- is jnaiiitained whicli 
oppratcK directly upJm the fcmaloH of the species. Such killing tends 
at once to decrease the hiiths of new animals froni which the numbers 
of the herd nnist he maintained. Wlienever the number of animals 
killed beconies greater than tjie natural uicrenient through births, 
the species nuist tlecrease. The fact that large nunibeis of female 
seals were killed annually by the Russians through a series of many 
yeai-s, ])oints inevitablv to the cause of the seal herd's decrease during 
thai ])eriod. The killing of huge munbeis of feniale seals annually 
tlirough ])elagic sealing during the American (;ccupation indicates the 
sanu^ cause of the decline hi numbers of seal life in recent years. 

It is reasonable to conclude, therefore, that the decrease in both the 
Russian and American occupations was due to a like cause, namely, 
the excessive killing of female seals. 

KEIIABILIT.VTION OF SEAl/ HERDS. 

It is now confidently asserted that, with a coniplete cessation of 
seal killing in the open ocean, and the consequent in)nuinizing of the 
breeding females froni slaughter, tlie Pribilof seal herd will rapidly 
increase in nunibers. It can be cited, in confirmation of this belief, 
that followhig the year 1835, when the Russians first reccgnized the 
principle of noninterference with the fenialcs, the Pribilof herd gradu- 
ally increased during a period of 35 3'ears to several millions in 1867. 
It is significant to note that this increase occurred contemporane- 
ously with an annual land killing of surplus males of from 6,580 in 
1835 to 75,000 in 1867. Also the fur seals on Robben Island in the 
OkJiotsk Sea, after having been virtually wiped out by raideis in 1855, 
had by 1869 reestablished then selves in their original numbeis. 

1 he committee submits this legislation to cany into effect the con- 
vention, especially so far as pelagic sealing is concerned, between the 
high contracting parties. The real ol)jcct of the convention is to stop 
pelagic seahng. That is an international question, and the bill pro- 
posed legislates on the subject matter without regard to the question 
of the killhig of the surplus male seals on the Pribilof Islands, which 
is purely a national or a domestic question, and about which there is 
nuich honest difference of opinion and legitimate controversy. 

In so far as the matter of the Government killing annually some of 
the surplus male seals on the Pribilof Islands is concerned, your com- 
mittee deems it advisable to legislate in that regard in a separate bill, 
so as not to complicate the international aspect of the case regarding 
nidagic .sealing with the local or national aspect of the case- regarding 
land kilhng on the islands of the surplus male seals. 

If Congress shall determine to legislate for a closed season, or to 
place restrictions and regulations on the number of surplus male seals 
to be killed each sea.son, or any season, on our own islands while this 
treaty is in force, it is exceedingly desirable for manv reasons, which 
must be apparent, that such restrictions and regulations should not 
be made in the act adopted for the sole jmrpose of giving effect to the 
treaty regarding pelagic sealing and to carry out in good faith our 
international obligations thereundei-. 



THE FITR SEALS CONVENTION. 9 

We must recognize the fact that this country can not deal with 
the herd at sea as its own propert}^, and that the cooperation of 
Great Britain, Russia, and Japan in the manner providecl for in tlie 
fur-seal treaty is essential for the protection of the herd against 
pelagic sealing. 

The pelagic-sealing countries have been induced, after difiicult 
and protracted negotiations, to agree to abandon pelagic sealing 
on condition that they shall receive a compensating interest in the 
skins taken by us on land. If, however, the interest which they 
derive in this wa}' does not prove to be of more value to them than 
the profits to be gained by pelagic sealing, it is not likely that they 
will be willing to continue the treaty beyond the 15-year period, 
It is certainly true that if during the 15-year period they receive 
less than they regard as their fair share of the increase of the herd, 
they will be inclined to make up the difference by resuming ])elagic 
sealing, wliich presumably at tlie end of 15 years will be immensely 
profitable on account of the increase in the size of our herd. 

One of the cliief arguments which this (jovernment relied upon 
throughout the past 15 years covered by the fur-seal controversy 
to induce Great Britain, and more recently Japan, to abandon 
pelagic sealing, has been that pelagic sealing was cliiefly responsible 
tor the destruction of the fur-seal herd. It will be particularly 
unfortunate if w^e lose the opportunity, which is now presented 
for the first time by virtue of this treaty, to demonstrate by actual 
experience the soundness of our argument. It is a serious ques- 
tion, however, if this can fairly be tested if land killing and pelagic 
sealing are both prohibited at the same time. 



Department of Commerce and Labor, 

Office of the Secretary, 
Washington, Jarmary 20, 1912. 

Dear Mr. Sulzer: T liave 1 een informed that during the c•on^ideration by your 
committee of H. R. 16571, a liill to give effect to the convention 1 etween the Govern- 
ments of tlie United State?, Great Britain. Japan, and Riissia for the preservation and 
protection of the fur f-eals and f-ea otter which fretjuent the watery of the North Pacific 
Ocean, conchxded at Washington, July 7, 1911, it has leen tuggOfted that the bill be 
amended providing for a snspen^ion of the killing of fur teals on the Pribilof Islands 
substantially as outlined in Houfc resolution 277, introduced at the last session of 
Congress. 

The question of killing fur .-eals on these inlands, including the regulations of this 
department and the manner of conducting the killing under the supervision of the 
agents of the Government, has been the suliject of inquiry and investigation during 
the year 1911 by the Committee on Expenditures in the Department of Commerce 
and Labor. That committee has taken con-ideralde evidence and at its last meeting, 
on August 17, 1911, voted to invite the meml ers of the Fur Seal Advisoiy Board, upon 
whose adA-'ce this department has acted, to 1 e heard I efore a final report is made. 

While I shall not now attemi)t to place before you and your committee all of the 
data in the possession of the department upon vvhich it has acted in this n-satter, I 
take the liberty of inclosing herewith for your information copies of statements made 
to me in August. 1911, by Mr. Charles H. Townsend. director of the New York Aqua- 
rium under the management of the New York Zoological Society, and Mr. F. A. Lucas, 
of the American Museum of Natural History. These statements strongly oppose a 
closed sea .son. 

Within the past few weeks I have talked with Dr. David Starr Jordan, president 
of Leland Stanford University and chairman of the Fur Seal Advisory Board, and I 
have also discussed the matter with Dr. Leonard Stejneger, of the National Museum. 
I also have various statements and reports of these gentlemen and of Dr. C. Hart Mer- 
riain, of the National Museum, ]Mr. J. Stanley BrWu, of New York, and Mr. E. W.. 



10 THE FUK SEALS COTTS'ENTION. 

Sims, who havf; devoted much time to this subject. They aj;ree sul>stantially with 
the two gentlemen, copies of whose statements 1 am sending you. All seven of them 
have made a careful study of the fur seal mid liave visited the islands — some of them 
several times. 

Respectfully, ('ii.m(I,i;.'< Nagel, 

Secretary. 

Hon. WiLUAM SULZER, 

Chairman Committee on Foreign Affairs, Honae of Representatives. 



STATEMENT OF MR. CHAKLES H. TOW.NSEXU, DIRECTOR OF THE NEW YORK 

AQUARIUM. 

1 can not commend the resolution (U. Res. 277, 62d Cong., Istsess.), that the Secre- 
tary "of Commerce and Labor be directed to suspend all killing of fur seals on the seal 
islands of Alaska for 15 years. 

The provision of the resolution is an unwise one. It would result in the undue 
accumulation of large fighting males on the breeding grounds, and thereby cause seri- 
ous losses of females and nursing pups during each breeding season. 

The provision of the resolution is not only unwise, but unnecessary. The fur seal 
is the most highly polygamous of all mammals. A single mahi controls anywhere from 
20 to 80 females, according to his age and fighting weight. The careful investigations 
of the past 20 years show that he will do this whether there be present a large surplus 
of mature males or not. It is a matter of individual prowess, and this is common to 
all the older and heavier males. 

The provision is not only unwise and unnecessary, but it is unbusinesslike. The 
important revenue derived from the surphn males of each season would not only be 
cut off, but the fur tmde would be injured without reason. 

Since the beginning of the fur seal controversy the fur seal h?s been studied more 
critically than any other wild mammal. The facts of its life history as accepted to-day 
are all based on prolonged inquiry, under the keen criticism of the representatives of 
the two great nations interested in the fur-seal industry. 

The British and American representatives who spent the seasons of 1896-97 on the 
seal islands, published a "joint statement" respecting point'* upon which they were 
in agreement. 

They state in part; That the trampling of lighting bulls was a t<ource of great loss 
among pups, and that the polygamous habit of the animal permitted a large surplus 
of males to be removed with impunity. 

The criticism of the present administration of the seal islands which doubtless 
called forth the above resolution of August 12, 1911, was rrtade by men who have not 
been on the islands for 20 years, and also l>y men who have not been there at all, and 
whose opinions upon the subject are of little A'alue. 

Even if it could lie admitted that it might possibly do no harm to stop land killing 
for a couple of seasons, the provisions of the resolution would be harmful, because the* 
period of cessation proposed is a very long one. The injury to the herd could not be 
promptly remedied when the qv\\ (which is sure to result) l)ecomes evident beyond 
question from any source. 

Nature had already fixed a limit to the size of the great seal herd when the islands 
wore discovered by Prihilof. and that the limit is founded chiefly upon the fact that 
an oversupply of hghting males tends to the reduction of the females and young. 

With the cessation of pelagic sealing the killing of females will cease. 

If modern zoology may now be permitted to apply its expensively acquired knowl- 
edge of the Pribilof seal herd, and to remove the altogether destructive male surplus, 
we (irmly believe that the breeding stock on the Pribilofs may. in the near future, be 
increased to numbers far greater than those foimd there when the islands were first dis- 
covered. 

Let the Congress 'investigate"' the fur-seal matter to its entire .satisfaction, but do 
not let us have a hastily made law at the critical moment when the killing of females 
has stopped, and we are ready to demonstrate what we have learned. 

I sincerely hope that you will do all in your i)ower to procure the withdrawal of this 
resolution. I value my 10 years' labor on the islands, where 1 was associated with 
many competent and faithful naturalists, too highly to let this resolution pass without 
criticism. 

C. H. ToWNSEXO 



THE FUR SEALS CONVENTION. 11 

American Museum of Natural History, 

New York, August 17, 191}. 

Dear Sir: I beg to acknowledge the receipt of your letter of August 14, with its 
accompanying documents, in which you ask for my opinion regarding the merits of 
House resolution 277, sus"pending the killing of fur seals on the seal islands of Alaska 
for 15 yeai-s. 

In response to this, I wish to say that I regard such suspension of killing as abso- 
lutely unnecessary as well as impractical and unscientific. I have never seen the 
slightest reason to modify my view that up to the present time the killing on land 
has had no effect in diminishing the numbers of the fur-seal herd; and there is no 
reason why a carefully regulated killing should do so in the future. 

The suspension of land killing is impractical, because it would result in the abso- 
lute waste of many thousands of seal skins and many hundreds of thousands of dollars; 
this, too, at a time when, by treaty, Japan and Canada are to have a share in the 
proceeds of seals killed by the United States. Incidentally, I would say that in a 
period of 15 years every seal noAv living would die from old age or from other natural 
causes. Furthermore, it would seem that such suspension would be a direct attempt 
to evade our treaty obligations to Japan and Canada. 

The cessation of killing is unscientific for the following reasons: We have for the 
first time an opportunity to test the conditions of the seal herd when unaffected by 
the attack of pelagic sealers, and it is of the utmost importance, for the making of 
future treaties and regulations, that we should know the exact facts in the case. The 
arbitrary suspension of killing for a period of 15 years would be extremely unwise, as 
we know, from observations of seals made on Robben Island and of sea elephants on 
Kerguelen Island, that a seal herd that has been reduced almost to extinction will so 
recover in from 5 to 10 years as to yield a large number of killable males. 

Finally, as has eo often been stated, there is not the slightest danger of extermi- 
nating animals like the fur seals where their breeding grounds are guai'ded. II ow 
much less is the danger when the actual killing can be regulated year by year accord- 
ing to the numbers present! 

The sole suggestion I would make would be that in the event that pelagic sealing 
is actually ended, a smaller number of males be killed for two or three years to come. 
But this is a matter for the fur-seal and advisory boards to consider. 
I remain, very respectfullv, vours, 

F. A. Li. CVS. 



Department of Commerce and Labor, 

Bureau of Fisheries, 
Washington, January 12, 1912. 
Hon. Wm. Sulzer, 

Chairman Committee on Foreign Affairs, House of Representatives. 

Sir: I have the honor to inclose a set of tables designed to show the effect on the 
Pribilof seal herd of the passage of the bill (H. R. 16571) which prohibits pelagic 
sealing during a period of 15 years in the waters frequented by these seals. 

These tables are as follows: 

Table 1. Number of females estimated to be in the herd each year to 1926. 

Table 2. Number of cows to be served by bulls each year to 1926. 

Table 3. Number of bulls required to serve these cows at the normal ratio of 1 
bull to 30 cows. 

Table 4. Total number of bulls that would be produced in the herd if land killing 
were discontinued as well as sea killing; this is taken from Table 7. 

Table 5. Number of bulls that will be produced if a rational land killing of surplus 
young males be allowed; this is taken from Table 8. 

Table 6. Number of sealskins that could be taken during this period while pro- 
ducing the number of bulls shown in Table 5; this is taken from Table 8. 

Table 7. Total number of male seals estimated to be in the herd each year to 1926, 
without land or sea killing; Table 4 is based upon this. 

Table 8. Total number of male seals estimated to be in the herd if a rational land 
killing were allowed. Tables 5 and 6 are based upon this. 

The foregoing tables are constructed upon the following hypotheses, namely: 

(a) That all females above the age of 2 years bear one young annually. 

(6) That these yoimg are equally divided as regards sex. 

(<•) That a mortality of 40 per cent occurs among these pups or newborn seals 
between the time of birth and theii- return from their migration as yearlings. 



12 THK FUR SEALS CONVENTION. 

((/) That a luoitality of 10 per cent per aunum occurs among all other seals than 
pups. 

Table 1 deals with the expected increase in femals during the 15-year period covered 
by the treaty. As the females measure the producing capacity of the herd, and there- 
fore are the most important factor in the replenishment of the rookeries, their increase 
mus't be considered first. 

The tableshows that 84,719 females of all classes, in the herd in 1911, will be increased 
in 1926 to 357,673, of which 179,243 will be adult females. 

Table 2 shows that in 1926 219,195 cows, adults, and 2-year-olds will be present to 
be served by the males. 

Table 3 shows that at the estimated normal ratio of 30 cows to 1 bull, 7,307 bulls 
will be required to serve these cows. 

Table 4 shows that, if all land killing be suspended during this 15-year period, 
71,589 adult bulls will be present on land in 1926, of which only 7,307 will be needed. 
The remainder, 64,282 will be useless and will represent simply economic waste. 

Table 5 shows the number of bulls that can be proWded each year^ while at the same 
time killing, when their pelts will be valuable commercially, those young males which, 
as adults, will be superfluous and not required as breeders. The table demonstrates 
that, in 1926, 18,800 bulls will be present, of which only 7,300 ^vill be necessary to 
impregnate the females, while a take in that year of 35,000 2 and 3 year old male pelts 
could be secured . 

Table 6 shows the number of seal pelts that can be taken during this period while 
yet providing over twice as many males as will be required for breeding. The table 
shows that an aggregate of 262,000 sealskins could be taken, which, at $35 each, would 
bring into the treasury $9,170,000. 

Tables 7 and 8 are the full computations upon which the foregoing tables are 
based (except Tables 1, 2, and 3), and demonstrate the number of each class of male 
life present during any given year of this period. 

These computations at the rate of increase stated show that in 1926, with no pelagic 
sealing, and with such land killing as has been assumed in Table 6, there will be the 
following numbers of seals in the herd in 1926: 

Adult bulls 18, 810 

6-year-old males 2, 996 

5-year-old males 2, 407 

4-year-okl males 2, 686 

3-year-old males 3, 270 

2-year-old males 10, 952 

1-year-old males 48, 857 

Piips, males 89, 621 

Adult females 179, 243 

2-year-old females 39, 952 

Yearlinsr females 48, 857 

Pups, females ' 89, 621 



537. 272 



()i course killing during this period can be made greater or less than that stated in 
Table 6. If greater, the number of breeding bulls will be decreased, and ^^ce versa. 
The table is intended to show, however, the absurdity of an entire cessation of killing. 

The statement has been made to the committee that there should be an eliminative 
test applied to the fur seal whereby to rid the herd of weaklings and to insure that only 
the physically perfect survive as breeders. To this principle I agree. It is not true, 
however, that this test can be made only by combat among the males. If such were 
the case, no test would be provided for the females, and the physically imperfect of 
these would breed along with the perfect. 

Nature herself, in the case of the fur seal and other pinnipedia, provides an elimina- 
tive test entirely apart from the struggling of bulls with each other for supremacy on 
land. This test occurs through the extremely rigorous environment in which these 
seals are placed by nature and which weeds out the physically inperfect more effectu- 
ally than any other known process and operates on both sexes alike. This test begins 
almost with the seal's birth. 

Before the baby seal has scarcely learned to swim beyond the borders of the rookerv 
on which it is born, while it is still a suckling and knows not how to seek other food, 
it is separated from its mother and driven off the land by the rigor of the climate. 

Weak and miskillful swimmer as the pup is, not only must it withstand the severe 
winter storms in the northern ocean V)ut in the same unfavorable element pursue and 



THE FUR SEALS CONVENTION. 13 

capture its food and elude its natural enemies of the sea. As the result of this struggle 
with the natural conditions in which it is placed it is estimated that one-half of the 
pups die during the initial migration. Only the strongest and most wary can survdve 
this trial. 

This struggle for existence continues incessantly during the animal's life. From 
each migration it sends back to the breeding grounds only those animals hardy enough 
to withstand its severity. That animal leaving the rookeries with any physical 
imperfection does not return. It dies at sea. Those that do return are the most 
perfect examples of their class. 

With this severe eliminative test occurring as the result of natural environment, to 
superimpose a violent struggle with his own kind after the animal has reached the 
breeding ground would be to subject him to further stress entirely unnecessary to 
prove his ability as a breeder. Having passed successfully through the winter's 
migration, the animal returns to the rookeries a perfect specimen of its kind. A severe 
trial by combat could not have the effect of increasing its breeding efficiency, but, 
on the other hand, could only seriously impair if not wholly destroy it. It would 
be the same if two Aaluable stallions, each physically perfect, and matched in strength 
and courage, were allowed to light each other until one were killed. The survivor, 
if one did survive, would be so seriously injured by its opponent as to be rendered 
incapable of service for the time being, if not permanently. 

To breed a large luunber of surplus male se^s that they may fight among them- 
selves and determine the strongest in combat is useless. By the time the strongest 
individuals have proved their superiority they have expended so much of their 
energy in lighting that physically weaker but fresh animals may overpower them and 
take their cows. Such is the history of the Pi'ibilof rookeries during the time when 
thousands of idle bulls were present. Instances to substantiate this conclusion have 
been witnessed many times. 

Since physical combat is not required to test the ability of a male fur seal, no reason 
is known for providing a number of males beyond that necessary to fertilize the females 
in the herd. Therefore the practice of killing surplus males at the time when their 
pelts have a considerable commercial value should be continued. 

From the foregoing tables, it can be demonstrated: 

First, that upon the suppression of pelagic sealing, seals of all classes will increase 
at a comparatively rapid rate. 

Second, that during this period of increase judicious killing of surplus bachelors 
on the islands not only will work no injury to the herd, but wUl be a positive benefit 
in restraining the increase of the nonproductive class, the surplus of which will add 
no additional lives to the herd, but will constitute only a menace to the breeding 
females and males alike. 

Respectfully, Geo. M. Bowers, Commis-noner . 



14 



THE FUR SliALS CONVENTION. 



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THE FUR SEALS CONVENTIOX. 



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16 THE FUR SI:ALS CONVENTION. 

Depautment oi' Commerce and Labor. 

lUiREAU OF Fisheries, 

Washington, Jamiary 6, 1912. 
Hon. William Sulzer, 
. Chairman Committee on Foreign Nelalionn, 

Jlou^e of Representatively, Washington, IJ. C. 
Sir: As reque.-*tecl ])y you during the hearings on H. R. 1(5571, to give effect to the 
recent treaty on the fur-i^eal (luestion, 1 liave the honor to inclose herewith a statement 
of the receipts from the sale of sealskins, and of the expenditures incident to taking 
the same, and the maintenance of the establishments on the seal islands during the 
season of J910. A similar statement for 1911 is not furnished for the reason that the 
full data upon which to make such statement have not all been received. 
Respectfully, 

(lEO. M. Bowers, Commissioner. 

Receipts and expenditures, Alaska fitr-seal service, 1910. 
Received from sale of fur-seal skins $403, 946. 94 



Cost of operations and support of native inhal)itants of Pril)ilof Islands: 

Charter of supply vessel and expenses thereof 15, 757. 50 

Fuel 4, 399. 41 

Food, clothing, supplies, merchandise 59, 71 1. 25 

Travel and sul>sistence 2, 752. 96 

Services, school teachers and physicians 3, 782. 58 

Salaries 14, 430. 00 

Telegrams and miscellaneous 69. 87 

100, 903. 57 
Estimated stock of merchandise on hand at close of season 20, 000. 00 

Note. — Practically all of the above expenditures would be necessary in any event 
for the support and care of the native iuhabitants. 



Department of Commerce and Labor, 

Bureau of Fisheries, 
Washington, January 18, 191.i. 
Hon. William Sulzer, 

House of Representatives, Washington, D. C. 
Sir: Referring to the table submitted by Henry W. Elliott to the Committee on 
Foreign Affairs at the hearing on January 4, 1912, and printed on page 99 of the hear- 
ings, showing the prospective increase in the seal herd of the Pribilof Islands, I have 
the honor to advise that a critical examination of this table shows such seriotis errors 
in computation and such glaring discrepancies as to render the table unreliable and 
wholly misleading. The biu-eau transmits herewith a copy of Elliott's figures for 
breeding cows, nubiles, and female pups, with the correct computations in parallel 
columns, so that the nature of the discrepancies can be seen at a glance. The corrected 
figures have been arrived at throughout by using Elliott's own basis of computation. 
Some of the errors are so palpable as to be readily apparent to the committee. The 
prospective number of breeding cows in the herd in 1927 is shown to be 303,371 , whereas 
Elliott claims that there will then exLst 800,000 breeding cows. 

If the committee consider it worth while to have a hearing on this matter, the bu- 
reau will be pleased to show in detail the numerous inaccuracies in Elliott's table. 
By direction of the commissioner. 

Very respectfully, H. M. Smith, Acting Commissioner. 



THE FUR SEALS CONVENTION. 



17 



Table showing prospective increase in Pribilof seal herd from 1911 to 1927, submitted by 
Henry W. Elliott, with correct computations in parallel columns. 



Year. 


Breeding cow.s. 


Nubiles. 


Female 


pups. 


Elliott. 


Correct. 


Elliott. 


Correct. 


Elliott. 


Correct. 


1911 


50,000 
54,000 
57,600 
66,870 
74,358 
88,793 
103,314 
120,066 
145, 997 
192,000 
225,000 
260,000 
321,000 
395,000 
450,000 
612,000 
800,000 


50,000 
54,000 
57,600 
66,015 
74,723 
83,580 
93,938 
105,728 
118,852 
133,598 
150,213 
168,887 
189,874 
213,473 
240.005 
269,834 
303,371 


10,000 
10,000 
15,750 
24,300 
26,000 
30,092 
33,462 
42,163 
46, 496 
57, 100 
58,000 
61,000 
74, 000 
100,000 
162,000 
200,000 
200,000 


10,000 
10,000 
15,750 
17,010 
18,144 
20,795 
23,538 
26, 328 
29. 590 
33,. 304 
37, 439 
42,084 
47,317 
53,199 
59,810 
67,244 
75,601 


25,000 
27.000 
28,800 
33, 435 
37, 179 
44,396 
56, 657 
65,033 
77,998 
96,000 
112,000 
130,000 
165.000 
197,000 
225.000 
.306.000 
400,000 


25,000 


1912 


27,000 


1913 


28,800 
33,008 
37, 362 


1914 ■.... 


1915 


1916 


41,790 


1917 


46,969 
52,864 
59,426 
06,799 
75, 106 


1918 


1919 


1920 


1921 


1922. 


84 443 


1923 


94,937 
106, 736 
120,002 
134 917 


1924 


1925 


1926 


1927 


151,685 





American Museum of Natural History, 

Neiv York, January ,5, 1912. 

Dear Sir: I understand tliat the question of a closed season for the fur seals is 
likely to come up again, and I take the liberty of writing you to protest against this 
closed season as being absolutely unnecessary as well as unpractical and unscientific. 
I have never seen the slightest reason to modify my view, which is that of all scientific 
men who have actually studied the fur seal, that up to the present time killing on 
land has had no effect in diminishing the numbers of the fur seal herd, and there is 
not the least reason why a carefully regulated land killing should do so in the future. 
By killing on land it is, of course, understood that the bachelor seals are referred to. 

The suspension of land killing is unpractical, because it would result in the absolute 
waste of many thousands of sealskins and many hundreds of thousands of dollars; this, 
too, at a time when by treaty Japan and Canada are to have a share in the proceeds of 
seals killed by the United States. Incidentally, I would say that in a period of 
15 years every seal now living would die from old age or from other natural causes. 
Furthermore, a suspension of land killing would seem to be a direct attempt to evade 
our treaty obligations to Japan and Canada. 

The cessation of killing is unscientific for the following reasons: We have for the 
first time an opportunity to test the conditions of the seal herd when unaffected by 
the attacks of pelagic sealers, and it is of the utmost importance for the making of 
future treaties and regulations regarding the taking of seals that we should know the 
exact facts in the case. Such suspension of killing is wholly unnecessary as regards the 
repletion of the seal herd, for we know from the observations of seals made on Robben 
Island and of sea elephants. on Kerguelen Island that a seal herd that has been reduced 
almost to extinction will so recover in from 5 to 10 years as to yield a large number 
of killable males, this where every seal that could be taken (whether male, female, or 
young) has been slaughtered by the sealers. With pelagic sealing at an end, the 
control of the soal h^rd is absolutely in our hands, and as the killing is now done by 
the Government and not by any parties directly interested in the number of seals 
tak"^n, it is a simple matter to control the killing as may be desired. 

The sole sugg'^stion I would make would be that as pelagic sealing has ceased, a 

smaller number of males be killed for two or three years to come, but this is a matter 

that the fur S'^al and advisory boards can consider at leisure. I sincerely trust that 

no such absurd measure will be considered as to prohibit the killing of bachelor seals. 

I remain, faithfully, yours, 

F. A. Lucas. 

Hon. William Sulzer, 

Chairman House Committee Foreign Affairs, Washington, D. C. 

H. Kept. 895, 62-2 2 



18 THE FUR SEAX,S CONVENTION. 

The American' Museum of Natural History, 

Office of the President, 

New York, January 5, 1912. 
. Dear fc<iH: I desire to direct your alieution to the economic importance and value 
of the propoaed participation of the United kStatee in the permanent international 
council for the exploration of the sea. My acquaintance with Sir John Murray, the 
greatest living student of the life of the ocean and an eminently practical man as well 
ae a distinguished theorist, and the conversations which I have had with him regard- 
ing the distribution of the food life of the aea, especially in the North Atlantic Basin, 
have convinced me that the United States has much to gain through the exploration 
proposed . 

The tiustees of tliis museum have recently decided to enter definitely into oceano- 
graphic exploration, and to devote two large halls of a new building to the subject of 
the life of the sea, on its economic as well as on its purely scientific side — the two, 
however, prove to be nearly identical. 

1 therefore as president, feel that I am reflecting the opinions of the majority of the 
board in supporting this measiu-e, and expressing the hope that you will lend to it your 
valuable support. 

Believe me, dear sii", very truly, yours, 

Henry Fairfield Osborn, 
Hon. WiLLAiM Sulzer, President. 

Chairman Committee on Foreign Affairs, 

"Sii"^*^ Ifouse of Representatives, Washington, D. C. 



New York Zoological Society, 

Xev) York, January 22, 1912. 
Hon. William Sulzer, 

Chairman Committe* on Foreign Affairs, Washington, D. C. 

Dear Sir: My attention has been called to an editorial in the New York Times on 
Saturday, January 20, 1912, which purports to quote Dr. William T. Hornaday, director 
of the New York Zoological Park, as being in favor of an amendment to the State De- 
partment bill for the protection of seals by the prohibition of pelagic sealing. 

Ae this might lead to misapprehension in the minds of your committee as to the atti- 
tude of the New York Zoological Society, I beg to state that Dr. Hornaday is speaking 
in this connection as an individual and as a member of the Camp Fire Club, and not 
as in any way representing the New York Zoological Society. I understand that Dr. 
Hornaday has repeatedly made statements to this effect in his testimony before your 
committee, and I know he is desirous of having his attitude clearly understood in this 
matter. 

The New Y'ork Zoological Society has never taken official action in the matter of the 
protection of seals; but I know that the officers and scientists of this society other than 
Dr. Hornaday are unanimously in favor of the prompt passage of the bill in question 
and the cessation of pelagic sealing, and they are unanimously opposed to any amend- 
ment limiting in any respect the control and regulation of the Bureau of Fisheries in 
regard to the killing of male seals on the islands themselves. 

The executive committee has entire confidence in the character and management 
of the experts under whose advice the Bureau of Fisheries has acted in this matter, 
and does not in any way countenence the recent attacks on their methods, technical 
knowledge, or personal integrity. 

Furthermore, we are of the opinion that an accumulation of surplus males, such as 
would rapidly result if killing on the islands were stopped, would be seriously detri- 
mental to the rapid recovery of the seal herd in numbers. 

These matters have been thoroughly studied on the spot by a number of highly 
qualified scientists, and their views are entitled in our opinion to every consideration 
and weight. 

We trust, therefore, that this bill prohibiting pelagic sealing will receive the prompt 
approval of your committee without any amendment limiting in any manner the con- 
trol of the seal herds on the island by the Bureau of Fisheries. 
I remain, yours, very truly, 

Madison Grant, 
Chairman Erecutive Committee. 



THE FUR SEALS CONVENTION. 19 

New York Zoological Society, 

New York, Januunj 22, 1912. 

My Dear Mr. Sulz&b: I understand there is a proposal to add to the fur-eeal bill 
drafted by the State Department an amendment for a 15-year closed season on male 
seals. 

This amendment is a vicious one, which will certainly lead to the complete extermi- 
nation of the seals. I understand it was proposed by Mr. Elliot, who has no standing 
in this country as a zoologist, and I believe is supported by my friend Dr. Hornaday, 
whom, I regret to say, has come under the influence of Mr. Elliott. Dr. Hornaday's 
position in the matter is entii'ely personal, and does not in any way represent the judg- 
ment of the New York Zoological Society. All the zoologists of note in this country, 
all the scientific experts whose opinions are worthy of consideration, all the trained 
experts who have made a special study of the fur-seal problem, all naturalists who 
understand that an excess of males is fatal both to the females and the young, and, 
finally, all those who desli-e through intelligent study of the question from motives of 
humanity as well as from motives to protect the economic interests of the United 
States, are opposed to the 15-year closed season. 

. The reason is a very simple one, which you can yourself readily understand, namely, 
that there is an unnatural excess of males on the islands, due to the fact that pelagic 
sealing has destroyed 85 females out of the 100 in the herd; thus the balance of 
nature has been destroyed . When there are not enough females to go around the 
bulls will fight for them, and in doing so will kill both the females and the pups. Un- 
der natural conditions of breeding there would be an equal number of females and 
males; nature takes care of these things, but the pelagic sealers have produced a set of 
new and entirely artificial conditions, consequently the proposal of the United States 
Fish Commission experts to keep down the resulting excess of males, and thus to restore 
gradually the balance which nature has instituted for all time between the sexes is 
the only one which will preserve this gieat herd . 

I have given this matter very prolonged study and have read all the documents, 
and I regret to say that your committee has been given a great amount of misinfor- 
mation under the guise of sentiment for the protection of these animals. I am one of 
the most ardent advocates of protection of the wild animal life of this country and in 
this spirit and in the interests of my country I can not express myself too emphati- 
cally. My opinion is identical (with the exception of my friend Dr. Hornaday) with 
that of all the leading zoologists and mammalogists of rank in the United States, and 
if you desire I can have prepared for your committee at short notice a document 
signed by all these men. The article by Hugh M. Smith of the United States Fish- 
eries Bureau, one of the finest and most unprejudiced and unbiased men of science in 
the country, in the last number of the National Geographical Magazine exactly 
expresses the truth on this subject. 

With your permission, I should like to publish this letter, but will not do so without 
your permission. 

With best wishes for the prosecution of the many gi-ave and important questions 
which are before your committee, and with continued personal regard, I am. 
Sincerely, yours, 

Henry Fairfield Osborn, President. 

Hon William Sulzer, 

Chairman House Committee Foreign Affairs, 

House of Representatives, Washington, D. C. 



The American MuseumJof Natural History, 

Office of the President, 
Neu' York, January 22, 1912. 
Dear Sir: As president of the American Museum of Natural History I have been 
securing the advice of the expert zoologists of this institution, especially of Dr. Frederic 
A. Lucas, who is a trained authority, on the fur-seal question. I desire to protest 
against the proposed amendment to the fur-seal bill (drafted by the State Deppjt- 
ment), which amendment provides a 15-year closed season on male seals. This 
amendment, should it become law, 'would exterminate the great seal herd of the 
United States, and is founded upon ignorance of the first principles of breeding under 



20 THE FUE SEALS CONVENTION. 

natural conditions and of the artificial conditions which have been brought about on 
the islands through prolonged and fateful pelagic sealing. 
I am, very respectfully, 

Henry Fairfield Osborn, President. 
Hon. William Sulzer, 

Chairman House Committee on Foreign Affairs, 

House of Representatives, Washington, D. C. 

I am strongly in favor of the bill itself. 



Fur Merchants' Credit Association 

OF THE City of New York, 

January 19, 1912. 
Hon. Wm. Sulzer, M. C, 

Washington, D. C. 
Dear Sir: You may perhaps recall that last summer there was an attack made on 
the Department of Commerce and Labor by Messrs. Homaday and Elliott, of New 
York, in reference to the Alaska seal fisheries. It recently came to the knowledge 
of the Fur Merchants' Credit Association that the Department of Commerce and Labor 
were under the impression that our association was involved in some way in this con- 
troversy. As this is not correct and we felt the Department of Commerce and Labor 
were doing the best they could in the conduct of the seal business, a resolution of con- 
fidence was passed at the annual meeting, December 21, 1911, a copy of which was sent 
to the Department of Commerce and Labor in Washington. 1 am informed that you 
are interested somewhat in this question, and take this occasion to send you a copy of 
the resolution. 

Yours, respectfully, Chas. S. Porter, Vice President, 

Chairman of Committee on Sealtkins. 



resolution adopted at the annual meeting of the fur merchants' asso- 
ciation OP NEW YORK, HELD ON DECEMBER 21, 1911. 

WTiereas it has been brought to the attention of this association that the Department 
of Commerce and Labor at Washington, D. C, is under the impression that this asso- 
ciation is in some degree responsible for recent attacks that have been made upon the 
said department in reference to conducting the business of taking raw sealskins on 
the Pribilof Islands, Bering Sea, Alaska; and 

Whereas neither this association as a body nor any of the individual members thereof 
have taken any part, directly or indirectly, in said controversy: Now, therefore, be it 

Resolved, That the Fur Merchants' Credit Association of New York hereby record 
their confidence in the Department of Commerce and Labor and their approval of its 
methods in conducting the business of taking Alaska sealskins on the Pribilof Islands; 
and be it further 

Resolved, That the secretary be instructed to forward a copy of this resolution to the 
Hon. Charles Nagel, Secretary of the Department of Commerce and Labor. 

The undersigned, being the secretary of the Fur Merchants' Credit Association, 
hereby certifies that the foregoing is a true copy of the resolution adopted at the annual 
meeting of said association, held December 21, 1911. 



TREATY SERIES, No. 564 



CONVENTION BETWEEN THE UNITED STATES AND 

OTHER POWERS PROVIDING FOR THE 

PRESERVATION AND PROTEC- 

TION OF FUR SEALS 



Signed at Washington, July 7, 1911 



Rat 
Rat 
Rati 
Rati 
Rat 
Rat 



(ication advised by the Senate, July 24, 1911 

fled by the President, November 24, 1911 

fied by Great Britain, August 25, 1911 

fied by Japan, November 6, 1911 

fied by Russia, October 22, 191 1, and November 4, 191 1 

fications exchanged at Washington, December 12, 1911 



Proclaimed, December 14, 1911 



21 



By the President of the U^;ITED States or A^ierica. 

A PEOCLAMATION. 

Whereas a Convention between the United States of America, 
Great Britain, Japan and Russia providing for the preservation and 
protection of the fur seals which frequent the waters of the North 
Pacific Ocean, was concluded and signed by their respective Pleni- 
potentiaries at Washington, on the 7th day of July, one thousand 
nine hundred and eleven, the original of which Convention, being in 
the English language, is word for word as follows: 

The United States of America, His Majesty the King of the United 
Kingdom of Great Britain and Ireland, and of the British Dominions 
beyond the Seas, Emperor of India, His Majesty the Emperor of 
Japan, and His Majestj^^ the Emperor of all the Russias, being de- 
sirous of adopting effective means for the preservation and protection 
of the fur seals which frequent the waters of the North Pacific Ocean, 
have resolved to conclude a Convention for the purpose, and to that 
end have named as their Plenipotentiaries : 

The President of the United States of America, the Honorable 
Charles Nagel, Secretary of Commerce and Labor of the United 
States, and the Honorable Chandler P. Anderson, Counselor of the 
Department of State of the United States; 

His Britannic Majesty, the Right Honorable James Bryce, of the 
Order of Merit, his Ambassador Extraordinary and Plenipotentiary 
at Washington, and Joseph Pope, Esquire, Commander of the Royal 
Victorian Order and Companion of the Order of St. Michael and St. 
George, Under Secretary of State of Canada for External Affairs ; 

His Majesty the Emperor of Japan, Baron Yasuya Uchida, 
Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, 
his Ambassador Extraordinary and Plenipotentiary at Washington; 
and the Honorable Hitoshi Dauke, Shoshii, Third Class of the Im- 
perial Order of the Rising Sun, Director of the Bureau of Fisheries, 
Department of Agriculture and Commerce ; 

His Majesty the Emperor of all the Russias, the Honorable Pierre 
Botkine, Chamberlain of His Majesty's Court, Envoy Extraordinary 
and Minister Plenipotentiary to Morocco, and Baron Boris Nolde, of 
the Foreign Office; 

Who, after having communicated to one another their respective 
full poT\ers, which were found to be in due and proper form, have 
agreed upon the following articles: 

Article I. 

The High Contracting Parties mutually and reciprocally agree that 
their citizens and subjects respectively, and all persons subject to 
their laws and treaties, and their vessels, shall be prohibited, while 

23 



24 THE FUR SKALS CONVENTION. 

till? Convention remains in force, from engaging in pelagic sealing 
in the waters of the North Pacific Ocean, north of the thirtieth par- 
allel of north latitude and including the Seas of Bering, Kamchatka, 
Okhotsk and Japan, and that every such person and vessel offending 
against such prohibition may be seized, except within the territorial 
jurisdiction of one of the other Powers, and detained by the naval 
or other duly commissioned officers of any of the Parties to this Con- 
vention, to be delivered as soon as practicable to an authorized official 
of their own nation at the nearest point to the place of seizure, or 
elsewhere as may be mutuality agreed upon; and tliat the authorities 
of the nation to which such person or vessel belongs alone shall have 
jurisdiction to try the otl'ense and impose the penalties for the same; 
and that the witnesses and proofs necessary to establish the offense, 
so far as they are under the control of any of the Parties to this 
Convention, shall also be furnished with all reasonable promptitude 
to the proper authorities having jurisdiction to try the offense. 

Article II. 

Each of the High Contracting Parties further agrees that no per- 
son or vessel shall be permitted to use any of its ports or harbors or 
any part of its territory for any purposes whatsoever connected with 
the operations of pelagic sealing in the waters within the protected 
area mentioned in Article I. 

Article III. 

Each of the High Contracting Parties further agrees that no seal- 
skins taken in the waters of the North Pacific Ocean within the pro- 
tected area mentioned in Article I, and no sealskins identified as the 
species known as Callorhinus alaseanns, C allorhiims ursinus, and 
Callorhinus kiirilensis, and belonging to the American, Russian or 
Japanese herds, except such as are taken under the authority of the 
respective Powers to M^hich the breeding grounds of such herds be- 
long and have been officially marked and certified as having been so 
taken, shall be permitted to be imported or brought into the territory 
of any of the Parties to this Convention. 

Article IV. 

It is further agreed that the provisions of this Convention shall 
not apply to Indians, Ainos, Aleuts, or other aborigines dwelling on 
the coast of the waters mentioned in Article I, who carry on pelagic 
sealing in canoes not transported by or used in connection with other 
vessels, and propelled entirely by oars, paddles, or sails, and manned 
by not more than five persons each, in the way hitherto practiced 
and without the use of firearms; provided that such aborigines are 
not inthe employment of other persons or under contract to deliver 
the skins to any person. 

Article V. 

Each of the High Contracting Parties agrees that it will not permit 
its citizens or subjects or their vessels to kill, capture or pursue be- 
yond the distance of three miles from the shore line of its territories 



THE FUR SEALS CONVENTION. 25 

sea otters in any part of the waters mentioned in Article I of this 
Convention. 

Article VI. 

Each of the High Contracting Parties agrees to enact and enforce 
such legislation as may be necessary to make effective the foregoing 
provisions with appropriate penalties for violations thereof. 

Article VII. 

It is agreed on the part of the United States, Japan, and Russia 
that each respectively will maintain a guard or patrol in the waters 
frequented by the seal herd in the protection of which it is especially 
interested, so far as may be necessary for the enforcement of the 
foregoing provisions. 

Article VIII. 

All of the High Contracting Parties agree to cooperate with each 
other in taking such measures as may be appropriate and available 
for the purpose of preventing pelagic sealing in the prohibited area 
mentioned in Article I. 

Article IX. 

The term pelagic sealing is hereby defined for the purposes of this 
Convention as meaning the killing, capturing or pursuing in any 
manner whatsoever of fur seals at sea. 

Article X. 

The United States agrees that of the total number of sealskins 
taken annually imder the authority of the United States upon the 
Pribilof Islands or any other islands or shores of the w^aters men- 
tioned in Article I subject to the jurisdiction of the United States 
to which any seal herds hereafter resort, there shall be delivered at 
the Pribilof Islands at the end of each season fifteen per cent (15%) 
gross in number and value thereof to an authorized agent of the 
Canadian Government and fifteen per cent (15%) gross in number 
and value thereof to an authorized agent of the Japanese Govern- 
ment ; provided, however, that nothing herein contained shall restrict 
the right of the United States at any time and from time to time to 
suspend altogether the taking of sealskins on such islands or shores 
subject to its jurisdiction, and to impose such restrictions and regula- 
tions upon the total number of skins to be taken in any season and 
the manner and times and places of taking them as may seem neces- 
sary to protect and preserve the seal herd or to increase its number. 

Article XL 

The United States further agrees to pay the sum of two hundred 
thousand dollars ($200,000) to Great Britain and the sum of two 
hundred thousand dollars ($200,000) to Japan when this Convention 
goes into effect, as an advance payment in each case in lieu of such 



26 THE FUR SEALS CONVENTION. 

number of fur-seal skins to which Great Britain and Japan respec- 
tively would be entitled under the provisions of this Convention as 
would be equivalent in each case to two hundred thousand dollars 
($200,000) reckoned at their market value at London at the date of 
their delivery before dressing and curing and less cost of transporta- 
tion from the Pribilof Islands, such market value in case of dispute 
to be determined by an umpire to be agreed upon by the United 
States and Great Britain, or by the United States and Japan, as the 
case may be, which skins shall be retained by the United States in 
satisfaction of such payments. 

The United States further agrees that the British and Japanese 
share respectively of the sealskins taken from the American herd 
under the terms of this Convention shall be not less than one thou- 
sand (1,000) each in any year even if such number is more than 
fifteen per cent (15%) of the number to which the authorized killing 
is restricted in such year, unless the killing of seals in such year or 
years shall have been absolutely prohibited by the United States for 
all purposes except to supply food, clothing, and boat skins for the 
natives on the islands, in which case the United States agrees to pay 
lo Great Britain and to Japan each the sum of ten thousand dollars 
($10,000) annually in lieu of any share of skins during the years 
when no killing is allowed; and Great Britain agrees, and Japan 
agrees, that after deducting the skins of their respective shares, which 
are to be retained by the United States as above provided to reim- 
burse itself for the advance payment aforesaid, the United States 
shall be entitled to reimburse itself for any annual payments made 
as herein required, by retaining an additional number of sealskins 
from the British and Japanese shares respective!}' over and above 
the specified minimum allowance of one thousand (1,000) skins in any 
subsequent year or years when killing is again resumed, until the 
whole number of skins retained shall equal, reckoned at their market 
value determined as above provided for, the entire amount so paid, 
with interest at the rate of four per cent (4%) per annum. 

If, however, the total number of seals frequenting the United 
States islands in any year falls below one hundred thousand (100,000), 
enumerated by official count, then all killing, excepting the incon- 
siderable supply necessary for the support of the natives as above 
noted, may be suspended without allowance of skins or payment of 
money equivalent until the number of such seals again exceeds one 
hundred thousand (100,000), enumerated in like manner. 

Article XII. 

It is agreed on the part of Russia. that of the total number of seal- 
skins taken annually upon the Commander Islands, or any other 
island or shores of the waters defined in Article I subject to the juris- 
diction of Russia to which any seal herds hereafter resort, there shall 
be deliA^ered at the Commander Islands at the end of each season 
fifteen per cent (15%) gross in number and value thereof to an 
authorized agent of the Canadian Government, and fifteen per cent 
(15%) gross in number and value thereof to an authorized agent of 
the Japanese Government ; provided, however, that nothing herein 
contained shall restrict the right of Russia at any time and from time 



THE FUR SEALS CONVENTION. 27 

to time during the first five years of the term of this Convention to 
suspend altogether the taking of sealskins on such islands or shores 
subject to its jurisdiction, and to impose during the term of this 
Convention sr.^ restrictions and regulations upon the total number 
of skins to be taken in any season, and the manner and times and 
places of taking them as ma}' seem necessary to preserve and protect 
the Russian seal herd, or to increase it? number: but it is agreed, 
nevertheless, on the part of Russia that during the last ten years 
of the term of this Convention not less than five per cent (5%) of 
the total number of seals on the Russian rookeries and hauling 
grounds will be killed annually, provided that said five per cent (5%) 
does not exceed eighty-five per cent (85';'^ ) of the three-year-old male 
seals hauling in such year. 

If, however, the total number of seals frequenting the Russian 
islands in any year falls below eighteen thousand (18,000) enumerated 
by official count, then the allowance of skins mentioned above and all 
killing of seals except such as may be necessary for the support of 
the natives on the islands may be suspended until the number of 
such seals again exceeds eighteen thousand (18,000) enumerated in 
like manner. 

Article XIII. 

It is agreed on the part of Japan that of the total number of seal- 
skins taken annually upon Robben Island, or any other islands or 
shores of the waters defined in Article I subject to the jurisdiction 
of Japan to which any seal herds hereafter resort, there shall be de- 
livered at Robben Island at the end of each season ten per cent (10%) 
gross in number and value thereof to an authorized agent of the 
United States Government, ten per cent (10%) gross in number and 
value thereof to an authorized agent of the Canadian Government, 
and ten per cent (10%) gross in number and value thereof to an au- 
thorized agent of the Russian Government; provided, however, that 
nothing herein contained shall restrict the right of Japan at any 
time and from time to time during the first five years of the term 
of this Convention to suspend altogether the taking of sealskins on 
such islands or shores subject to its jurisdiction, and to impose during 
the term of this Convention such restrictions and regulations upon 
the total number of skins to be taken in any season, and the manner 
and times and places of taking them as may seem necessary to preserve 
and protect the Japanese herd, or to increase its number; but it is 
agreed, nevertheless, on the part of Japan that during the last ten 
years of the term of this Convention not less than five per cent (5%) 
of the total number of seals on the Japanese rookeries and hauling 
grounds will be killed annually, provided that said five per cent 
(5%) does not exceeed eight-five per cent (85%) of the three-year- 
old male seals hauling in such year. 

If, however, the total number of seals frequenting the Japanese 
islands in any year falls beloAV six thousand five hundred (6,500) 
enumerated bv official count, then the allowance of skins mentioned 
above and all killing of seals except such as may be necessary for 
the support of the natives on the islands may be suspended until 
the number of such seals again exceeds six thousand five hundred 
(6,500) enumerated in like manner. 



28 THE FUR SEALS CONVENTION. 

Article XIV. 

It is agreed on the part of Great Britain that in case any seal herd 
hereafter resorts to any islands or shores of the waters defined in 
Article I subject to the jurisdiction of Great Britain, there shall be 
delivered at the end of each season during the term of this Conven- 
tion ten per cent (10%) gross in number and value of the total number 
of sealskins annuallj'^ taken from such herd to an authorized agent 
of the United States Government, ten per cent (10%) gross in num- 
ber and value of the total number of sealskins annually taken from 
such herd to an authorized agent of the Japanese Government, and 
ten per cent (10%) gross in number and value of the total number of 
sealskins annually taken from such herd to an authorized agent of 
the Russian Government. 

Article XV. 

It is further agreed between the United States and Great Britain 
that the provisions of this Convention shall supersede, in so far as 
they are inconsistent therewith or in duplication thereof, the pro- 
visions of the treaty relating to the fur seals, entered into between 
the United States and Great Britain on the 7th day of February, 
1911. 

Article XVI. 

This Convention shall go into effect upon the 15th day of Decem- 
ber, 1911, and shall continue in force for a period of fifteen (15) 
years from that date, and thereafter until terminated by twelve (12) 
months' written notice given by one or more of the Parties to all of 
the others, which notice may be given at the expiration of fourteen 
years or at any time afterwards, and it is agreed that at any time 
prior to the termination of this Convention, upon the request of any 
one of the High Contracting Parties, a conference shall be held 
forthwith between representatives of all the Parties hereto, to con- 
sider and if possible agree upon a further extension of this Conven- 
tion with such additions and modifications, if any, as may be found 
desirable. 

Article XVII. 

This Convention shall be ratified by the President of the United 
States, by and with the advice and consent of the Senate thereof, by 
His Britannic Majesty, by His Majesty the Emperor of Japan, and 
by Plis Majesty the Emperor of all the liussias; and ratifications 
shall be exchanged at Washington as soon as practicable. 

In faith whereof, tlie respective Plenipotentiaries have signed this 
Convention in quadruplicate and have hereunto affixed their seals. 

Done at AVashington the 7th day of July, in the year one thousand 
nine hundred and eleven. 

Charles Nagel [seal] 

Chandler P. Anderson [seal] 
James Bryce [seal] 

Joseph Pope [seal] 

Y. UciimA I seal] 

H. Daiike [seal] 

P. BOTICINE [seal] 

XOLDE [seal] 



? 



THE FUR SEALS CONVKNTION. 29 

And whereas the said Convention has been duly ratified on the 
part of each of the High Contracting Parties, and the ratifications 
of the four Governments were exchanged in the City of Washing- 
ton, (>n the twelfth day of December, one thousand nine hundred 
and eleven; 

NoAv, therefore, be it known that I, William Howard Taft, Presi- 
dent of the United States ol America, have caused the said Con- 
vention to be made public, to the end that the same and every article 
and clause thereof may be observed and fulfilled with good faith by 
the United States and the citizens thereof. 

In testimony whereof. I have hereunto set my hand and caused 
the seal of the United States to be affixed. 

Done at the City of Washington this fourteenth day of December 
in the year of our Lord one thousand nine hundred and 
[seal] eleven, and of the Independence of the United States 
of America the one hundred and thirty-sixth. 

Wm H Taft 
By the President: 
P C Knox 

Secretary of State. 

o 



